According to the arrest report, the alleged car crash took place on June 19, 2016. Morciego was driving a BMW 328i on the westbound lanes of the Palmetto Expressway near NW 57th Avenue when he reportedly hit two cars on the inside shoulder of the expressway.

News sources say Foster, 24, had gone to the Palmetto Expressway to help her boyfriend Roque, 24, whose car had broken down on the side of the road near NW 57th Avenue. Foster reportedly asked a neighbor drive her there, but she was the only one who got out to go to her boyfriend’s vehicle. Morciego’s vehicle purportedly struck both cars, killing Foster and severely injuring Roque. Foster’s neighbor also suffered minor injuries.

Fire rescue workers treated Morciego at the scene. His speech was allegedly slurring and he had trouble maintaining his balance. Investigators say he fell asleep and vomited twice. Police performed a blood test, but Morciego allegedly withdrew his consent after a sample was already drawn.

Investigators acquired a search warrant the following day and took another blood sample from Morciego. The first sample reportedly showed a blood alcohol concentration of .199% and the second one gave a reading of .162%. Both readings are more than twice the legal limit in the state of Florida.

DUI drivers with a blood alcohol concentration above Florida’s legal limit of 0.08% can be held liable for the cost of injuries that result from the crash. If there’s a fatality, the driver can be held liable in a wrongful death suit in addition to fines, probation, and other penalties.